Energy & the Law

SEPTEMBER 28, 2023

as a win for “floating” in the fixed-or-floating royalty battles. In dueling motions for summary judgment the trial court denied Permico’s motion and granted Barron’s, ordering that Permico take nothing. The court responded that Van Dyke shows continued reliance on the legacy doctrine. Barron Properties, Ltd. , Navigator Group.

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Union of Concerned Scientists

DECEMBER 4, 2023

Two of my predictions hit the mark, while the other one revealed the complexity of the legal battles waged against climate injustice. While major oil companies did run out of legal stalling tactics when state courts denied their appeals to switch jurisdiction to federal courts, the pace of progress remained sluggish.

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Legal Planet

DECEMBER 20, 2022

When the New Jersey Supreme Court issued its famous Mount Laurel decision in 1974, telling municipalities that they had to rezone to make affordable housing available, they did nothing. Localities in New Jersey refuse to abide by it, and finally the courts had to take jurisdiction back. Put another way, SB 9 was a battle, not the war.

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Legal Planet

NOVEMBER 21, 2021

As I wrote in a previous post, several well regarded foreign courts have upheld claims that are similar in concept to the Juliana case. Besides the conservative tilt of today’s Supreme Court, the plaintiffs faced serious legal hurdles. courts to the global climate system or even, so far as I know, to issues of air pollution.

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Legal Planet

JANUARY 3, 2023

The most notable were the Supreme Court’s ruling in West Virginia case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy. Spending battles. The Supreme Court will decide sometime in the spring whether to rule on a crucial procedural issue.

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Legal Planet

JANUARY 3, 2024

Supreme Court building at dusk on Capitol Hill in Washington. Supreme Court has agreed to decide this year. 22-1074 First up before the Court in 2024 is this “regulatory takings” case from California. So El Dorado County appears to be facing an uphill battle in the Sheetz case.

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Nanotech

FEBRUARY 5, 2024

Question looms large in court battle.” ” The case, being heard in a federal district court, “is precedent setting,” says Lynn Bergeson, a managing partner of Bergeson & Campbell who focuses on chemical toxicity. On February 2, 2024, Lynn L. That’s why there’s a lot of attention The post Lynn L.

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Legal Planet

DECEMBER 23, 2022

The eight-year journey to procure new vehicles has been arduous and marked by political battles. White House officials slammed an earlier procurement proposal and said that courts or Congress could intervene to block the purchase of carbon-belching delivery trucks that posed a permanent risk to the planet and public health.

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Legal Planet

FEBRUARY 12, 2024

There are some current members of the Supreme Court who want to cut back the amount of discretion that Congress can constitutionally give agencies. But overturning the new particulate standard in court is going to be an uphill battle. This brings us to more sweeping legal claims. Download as PDF

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Law and Environment

JULY 26, 2022

In its petition to the 3 rd Circuit Court of Appeals, Chemours emphasized the importance of its products: Fluoropolymers are used in every car, airplane, and cellphone. The ferocious battles will resume, but little will be resolved. The post The Battle Over PFAS Continues to Heat Up. Sometimes, I despair that we ever will.

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Union of Concerned Scientists

OCTOBER 6, 2022

Environmental Protection Agency (EPA) decision the US Supreme Court handed down in June curtailed strategies EPA can use to slow climate change, but its problematic implications stretch far beyond greenhouse gas reduction. The West Virginia v. The doctrine is named after the case in which it was first articulated.) In the West Virginia v.

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Corp Watch

MARCH 8, 2024

The Afro-Caribbean community downstream sued EPSA and finally won Col$203,962 million (US$52 million) in compensation in February 2024, after 20 years of court battles.

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Corp Watch

FEBRUARY 16, 2024

The High Court has upheld Native Title rights in a landmark ruling NITV PaulaR Fri, 02/16/2024 - 15:48 Thursday, February 8, 2024 Read more Dan Butler The nation's highest judicial body has ended a ten-year battle between Native Title holders and the Northern Territory government over the granting of a new mineral lease on Yanyuwa Country.

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Legal Planet

JANUARY 24, 2024

He’s one of the main contributors to Project 2025 , the battle plan for a Trump transition (read more on the architects of this plan here ). In many ways, this approach resembles the campaign waged by Republicans during Trump’s first term to remake the federal judiciary by appointing judges to district and appellate courts.

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Environmental News Bits

APRIL 20, 2022

appeals court ruling. Ninth Circuit of Appeals is the latest in a long-running legal battle brought by LinkedIn aimed at stopping a rival company from … Continue reading Web scraping is legal, US appeals court reaffirms. The landmark ruling by the U.S.

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Legal Planet

JANUARY 13, 2022

The Court also stressed that healthcare workers and public health organizations “overwhelmingly support” the regulation. The big issue before the Supreme Court is simply whether EPA can require states to shift their sources of power. So EPA has a chance to win, but it’s still an uphill battle.

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Legal Planet

OCTOBER 26, 2022

The 2012 scoping plan was challenged in court but upheld because of the painstaking process that the Board had followed. The court therefore concluded that the Scoping Plan appropriately reflected “sound judgment based on substantial evidence” and was in compliance with AB 32. The 2022 Revision. Download as PDF.

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Law and Environment

MARCH 17, 2022

The Court did not leave much doubt that the administration will prevail on the merits. . The Court found that both factors favor the stay request. Note that the Court did not say that it appears that the states challenging the Interim Estimates lack standing. That’s when the real fun will begin.

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Inhabitant

DECEMBER 29, 2021

In a battle pitting the oil company against the community, the court ruled that Shell halt its seismic tests. Local campaigners have blocked Shell from exploring oil on South Africa’s eastern coastline. Activists and locals argue that the seismic tests are detrimental to the environment.

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Legal Planet

OCTOBER 10, 2023

Supreme Court has agreed to hear and decide an important “regulatory takings” case from California that has major implications for federal, state and local governments nationwide. He subsequently sued the county in California state court to pursue his constitutional challenge. (Credit: AP) The U.S. The case is Sheetz v.

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Legal Planet

AUGUST 23, 2022

The Supreme Court deal EPA’s efforts to regulate emissions a setback, but EPA will undoubtedly come back with some kind of substitute. To paraphrase Winston Churchill, we are not at the beginning of the end of this battle, but we are at least at the end of the beginning. States representing half of the U.S. Download as PDF.

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Legal Planet

MARCH 16, 2023

new housing legal and political battles: last year, Berkeley residents relied on CEQA to successfully oppose U.C. They convinced a trial court to cap freshman admissions to U.C. The City of Berkeley has become Ground Zero in recent CEQA-vs.-new Berkeley as a remedy for what the judge deemed to be U.C.’s

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Enviromental Defense

NOVEMBER 24, 2023

Since 2019, the Tribe has been fighting a legal battle with Enbridge to have the pipeline removed from its territory and watershed. In the ongoing legal battle, Enbridge has been found guilty of trespass on tribal territory since 2013. Enbridge Line 5 court case, seeking to block the shutdown order by invoking a 1977 pipeline treaty.

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Legal Planet

OCTOBER 5, 2023

To get a better sense of where the court may be heading, I spoke with Sean Donahue , an environmental lawyer who argued one of the cases and was there for the other two oral arguments. This doctrine limits the power of agencies to issue regulations of “extraordinary” importance and was used by the Supreme Court in West Virginia v.

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Acoel

MAY 24, 2023

Posted May 24, 2023 by Tracy Hester In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. But these fireworks obscured a longer abortion battle lingering in the Fifth Circuit since 2022: an attempt to overturn S.B.

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Acoel

NOVEMBER 8, 2023

Now this particular NIMBY has asked the First Circuit Court of Appeals to revive his lawsuit. There is no chance that the First Circuit Court of Appeals will see things the NIMBY’s way. Unfortunately opponents of wind-generated energy may be losing battles but winning the war. appeared first on ACOEL.

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Corp Watch

SEPTEMBER 21, 2023

Google accused of spending billions to block rivals as landmark trial continues Nick Robins-Early pratap Thu, 09/21/2023 - 11:32 Wednesday, September 13, 2023 [link] The court battle between the US justice department and Google has entered its second day, as the United States government seeks to prove that the tech behemoth illegally leveraged its (..)

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Legal Planet

JULY 18, 2023

Courts largely have discretion to determine whether to follow the expedited schedule. Like these streamlining bills, the judicial streamlining trailer bill requires courts to resolve cases within 270 days only “to the extent feasible,” without imposing any penalty longer review periods.

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Circle of Blue

APRIL 12, 2023

Tens of thousands of people fled their homes, a regional displacement that weakened the country’s battle against cholera. A federal court invalidated a water quality permit for the 304-mile Mountain Valley Pipeline. The tropical cyclone made landfall twice in Mozambique, most recently in mid-March.

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Legal Planet

DECEMBER 15, 2021

When former Colorado Supreme Court Justice Gregory J. During the last half of his 19-year stint on the Colorado Supreme Court, Justice Hobbs reconnected with his alma mater, hiring a string of Berkeley Law graduates to clerk for him. Court of Appeals for the Tenth Circuit Court. Not just family and close friends.

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PA Environment Daily

FEBRUARY 12, 2023

Santos Had 2017 PA Theft Charge Expunged -- Special Elections -- AP: Democrats Win Control Of PA House With Special Election Victories -- PA Capital-Star: Democrats Secure House Majority With Victories In Allegheny County Special Elections -- Spotlight PA - Stephen Caruso: Democrats Sweep Special Elections, Affirming First PA House Majority In 12 Years (..)

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Politics Natural Gas 2023 Government 109

Circle of Blue

OCTOBER 5, 2021

Supreme Court hears its first case over interstate groundwater use. Supreme Court are questioning whether a dispute over groundwater resources would be better resolved by interstate compacts or Congress, Bloomberg Law reports. The post The Stream, October 5, 2021: Are the Great Lakes Prepared to Battle Climate Change?

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Legal Planet

SEPTEMBER 18, 2023

Cuyama stakeholders went through that process , but they ’ve ended up in court anyway because , as we’ll get into, SGMA doesn’t actually determine who has a right to use the basin’s water—or how much of it.  The Sierra Madre Mountains frame the Cuyama Valley on one side. Did they always intend to go to court ?

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Climate Change Law 2014 Politics 278

Circle of Blue

JANUARY 31, 2022

The nation’s highest court will again take on the Clean Water Act. Wetlands Case Headed to Supreme Court. The nation’s highest court will once again interpret the reach of the Clean Water Act, the foundational environmental law whose scope has been the subject of court and administrative battles for more than three decades.

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Union of Concerned Scientists

OCTOBER 26, 2022

We are engaged in similar battles: pushing back against the climate crisis and all of its dimensions, the specter of annihilation by nuclear war, and assaults on democracy, dignity, and self-determination. Can you speak a little bit more about taking on losing battles? But if the future is uncertain, you can still battle for it.

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Circle of Blue

JUNE 28, 2022

Supreme Court could transform federal climate regulation. It is unclear how an April court decision, which ruled that the state has no authority to enforce PFAS cleanup, will affect the new rules. Supreme Court is weighing a case that could transform federal agencies’ ability to write and enforce regulation, reports E&E News.

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PA Environment Daily

APRIL 27, 2023

I wanted to try to bring to life this piece of local history that doesn’t have to do with the war or the battle. In 1845, after losing a court battle and feeling entitled to the freed slaves as his inheritance, the nephew of the deceased plantation owner had Kitty Payne and family kidnapped in the middle of the night and returned to Virginia.

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